(a) Before making a demand that the Governor of another state
surrender an individual charged criminally in this state with
having failed to provide for the support of an obligee, the
Governor of this state may require a prosecutor of this state to
demonstrate that at least sixty days previously the obligee had
initiated proceeding for support pursuant to this article or that
the proceeding would be of no avail.

(b) If, under this article or a law substantially similar to
this article, the Governor of another state makes a demand that the
Governor of this state surrender an individual charged criminally
in that state with having failed to provide for the support of a
child or other individual to whom a duty of support is owed, the
Governor may require a prosecutor to investigate the demand and
report whether a proceeding for support has been initiated or would
be effective. If it appears that a proceeding would be effective
but has not been initiated, the Governor may delay honoring the
demand for a reasonable time to permit the initiation of a
proceeding.

(c) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the Governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support
order, the Governor may decline to honor the demand if the
individual is complying with the support order.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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